District attorney, judge move sheriffs amid allegations
Randy Foster
editor@cherokeescout.com
District Attorney Ashley Hornsby Welch and Senior Resident Superior Court Judge Tessa Sellers are cracking down on sheriffs they believe have lost their way.
Between them, Welch and Sellers have meted out consequences to three sheriffs in three counties in far-western North Carolina in which they share jurisdiction, amid allegations of misconduct and, for two of the three, criminal charges.
The two share different roles in similar geographic districts – 43A Judicial District for Sellers, 43rd Prosecutorial District for Welch. The two districts share several counties – Cherokee, Clay, Graham, Macon and Swain – with the prosecutorial district including three more – Haywood, Jackson and Macon.
Since June 2025, three sheriffs have lost their jobs – Dustin Smith in Cherokee County, Bradley Hoxit in Graham County (who at present is only suspended) and Curtis Cochran in Swain County – with Welch playing a central role in all three, and Sellers presiding over two of the cases.
Cherokee County: Dustin Smith
Smith retired effective Feb. 6 following a letter Welch sent on Jan. 28 outlining a series of incidents during his three years in office that led her to say she had lost confidence in him. This case only involved Welch, but she hinted in her letter to Smith that if he didn’t resign, she would petition the court for his removal.
“Recently, I received all the discovery in the (Harley) Kloepfer shooting including the SBI criminal investigation and civil discovery,” Welch said in her letter. “Before then, I did not have the complete file. I am gravely concerned about the inactions and statements made by you surrounding the shooting. In addition, we have had the evidence room catastrophe, the inactions surrounding Sport Teasdale and the tragic murder of Detention Officer (Francisco) Flattes by a violent inmate who had escaped from your jail just months before he committed murder and carjacked a citizen of Cherokee County.
“It has also been brought to my attention that you have not followed the requests of judges to only bring a certain number of inmates to the courthouse at a time due to safety concerns.
“The continuous negligence has resulted in the loss of confidence, trust, and respect for the office of sheriff by a significant number of the residents of Cherokee County and the district.”
Welch also wrote, “My hope is that you will recognize the harm that is being done and that you will make the decision to resign. Your oath requires you to put the needs of your community above yourself. Resigning allows you to do the right thing and prevent a removal petition that lists all the evidence and proof into the public record.
“It brings me incredible sadness to write this letter. I have never written a letter like this to the ead of a law enforcement agency before today. I have always looked to law enforcement as heroes. I am responsible as the elected district attorney to make this request on behalf of the citizens of Cherokee County and the criminal justice system. My oath of office and duty to the citizens of Cherokee County compel me to take this extraordinary action, as much as it hurts.”
Graham County: Bradley Hoxit
Hoxit is accused of misconduct, abuse of power and corruption during his three years in office in a court filing. Hoxit easily defeated former sheriff Russell Moody for Graham County sheriff in the 2022 general election, getting just over two-thirds of votes cast in the race.
Hoxit, an unaffiliated candidate, replaced sheriff Jerry Crisp, who lost in the Republican primary to Moody. Crisp endorsed Hoxit following the primary.
Outside of law enforcement, Hoxit owns a family farm in Transylvania County, where he raises whitetail deer. He was known for bringing them to regional events and children’s hospitals during the holidays to spread cheer.
Welch alleges that Hoxit, a retired N.C. Highway Patrol trooper, used his authority for personal gain and to target a political rival, Graham County Commissioner Jacob Nelms. Core allegations are:
• Conflict of interest and misuse of power: Hoxit allegedly used his office’s resources to target Jacob Nelms while involved in a romantic relationship with Nelms’ then wife, Adarian Nelms, a restaurant owner in Robbinsville.
• Unlawful surveillance: An affidavit claims Hoxit used an “unlawfully obtained warrant” to place a tracking device on Nelms’ car for five months in 2025.
• Fabricating evidence: The petition alleges Hoxit asked employees to fabricate evidence against Nelms and sought search warrants in other counties while hiding his personal conflict of interest.
• Intimidation: He is also accused of using intimidation and abuse of authority against two of his employees at the Graham County Sheriff’s Office.
• Lack of disclosure: Hoxit reportedly hid his marriage to Nelms’ ex-wife from both his attorney and the district attorney to avoid political controversy during his primary campaign.
Hoxit was suspended by Sellers. A court hearing was scheduled for Feb. 20 at the Graham County Courthouse, to determine if Hoxit should be permanently removed from office. However, Superior Court Judge William T. Setzer granted a “motion to continue,” which was filed by Hoxit’s defense. The motion allows for the postponement of a court hearing to a later date. Setzer was appointed to the case when Judge Sellers recused herself from further involvement.
Hoxit has contested the allegations, claiming his due process rights were violated and that he will provide a “strong defense.”
Swain County: Curtis Cochran
Cochran, a longtime sheriff, retired from office amid charges of sexual assault and rape. His retirement avoided a removal petition.
Cochran served as sheriff of Swain County for nearly 19 years, from his swearing-in in December 2006 until retiring under a cloud of controversy in 2025. Before becoming sheriff, he served as Swain County’s maintenance director.
He was first elected in 2006, then re-elected in 2010, 2014, 2018 and 2022. He retired effective July 1, 2025, following his arrest and suspension on June 27, 2025, amid charges of sexual battery, felonious restraint and other offenses.
Cochran is facing criminal proceedings in two separate court systems:
• Swain County Superior Court: Cochran is charged with second-degree forcible rape, sexual battery, assault on a female, felonious restraint, and solicitation of prostitution. He has a hearing scheduled for April 29 on these charges.
• Cherokee Tribal Court: He faces charges under the Cherokee Code, including two counts of oppression in office and one count of abusive sexual contact. A tribal court hearing was set for Tuesday, Feb. 17 but was continued until June 8.
Cochran was arrested on June 27, 2025, following an investigation by the State Bureau of Investigation and Cherokee Indian Police Department. He officially retired on July 1, 2025, just days before a scheduled hearing to permanently remove him from office led by Welch.
The allegations involve at least three women. According to court documents and affidavits, one victim, an enrolled member of the Eastern Band of Cherokee Indians, reported that Cochran picked her up in a government vehicle on the Qualla Boundary, touched her against her will and solicited her for sexual acts in exchange for money.
A second victim, recently released from jail, also reported being assaulted by Cochran after he picked her up in a vehicle.
A third victim came forward later, leading to the additional charge of second-degree forcible rape filed in July 2025.
The case is notable because a 2022 federal law – the Violence Against Women Act Reauthorization – expanded tribal authority, allowing the EBCI to prosecute a non-Indian official like Cochran for crimes committed on tribal land.
District Attorney: Ashley Welch
Welch, who is running for re-election unopposed in the Republican primary, had no comment about these cases.
In response to a request for an interview, Welch’s spokesperson, Quintin Ellison, said, “Sorry, not with the matters pending – I think she will hold a news conference after.”
Born and raised in Hendersonville to a well-connected family, Welch graduated from East Henderson High School in 1996. She earned a bachelor’s degree in history from UNC-Chapel Hill, then received a law degree from the William & Mary School of Law.
She began her career as an assistant district attorney in the 29th Prosecutorial District (2003–05).In 2014, she was elected as the first female and first Republican district attorney for the 30th Judicial District (now the 43rd), assuming office in 2015.
Welch is serving her third term as DA after winning re-election in 2022. She lives in Macon County.
Superior Court Judge: Tessa Sellers
Sellers resides over cases in Cherokee, Clay, Graham, Macon and Swain counties. Her term runs until Dec. 31, 2032.
She was appointed by then-Gov. Roy Cooper in April 2024 to fill a vacancy created by the retirement of Judge William Coward. She was subsequently elected to a full term in the 2024 general election.
Before that, she was a District Court judge from 2014-24 after being appointed by then-Gov. Pat McCrory. She won re-election to that seat in 2016.
Before her time on the bench, she was an assistant district attorney and ran her own private practice, the Law Office of Tessa Shelton Sellers, in Murphy.
Sellers earned her juris doctor from Campbell University School of Law (Norman Adrian Wiggins School of Law), Class of 2003, and a bachelor of arts from Mars Hill College (now Mars Hill University). She lives in Clay County.